Last updated: April, 2024
These Terms of Service, which we'll refer to simply as the "Terms", set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list the "dos and don'ts" when using them. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept when continuing to use our Services. Please read through this document carefully and make sure these Terms are acceptable to you. If you don't agree to any of these Terms, do not continue using the Services. If you have any questions, please don't hesitate to contact us at hi@seatpick.com.
Table of Contents- The Basics
- Our Services
- Registration
- Use Restrictions
- Representations
- Privacy
- Intellectual Property
- Content and User Content
- Indemnification
- Disclaimers
- Limitation of Liability
- Term and Account Termination
- Force Majeure
- Notices
- General
- 1. The Basics
- 1.1 Key Terms.
- 1.1.1 We are SeatLabs Ltd. and we'll refer to ourselves as "Seatpick", "us", "our", or "we". Our offices are located at HaRav Herzog 17, Tel Aviv - Jaffa, and our registration number is 515600625.
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- 1.1.2 When we use the term "you", we mean anyone using our Services.
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- 1.1.3 When we refer to our "Site", we mean our ticket search engine for live events, aggregating resale tickets online. When we refer to our "Services", we mean any services available on the Site.
- 1.2 Privacy. When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at https://seatpick.com/privacy for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
- 1.3 Change to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you.
- 2. Our Services.
- Subject to these Terms, Seatpick allows you to use the Services on a non-exclusive basis for your own personal purposes.
- 2.1 Using our services, you can search for and locate event tickets offered for sale by third-party resellers (“Tickets” and Ticket Provider” respectively).
- 2.2 WITHOUT DEROGATING FROM THE PROVISIONS OF SECTION 10 BELOW, BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT SEATPICK DOES NOT OWN, RENT, LEASE, SELL, RESELL, FURNISH, PROVIDE, MANAGE, ENDORSE, PROMOTE OR CONTROL ANY OF THE TICKETS, TICKETS PROVIDERS, EVENTS, ARTISTS, SPORTS TEAMS, EVENT LOCATIONS, AND/OR OTHER ELEMENTS RELATED TO THE EVENTS AVAILABLE ON THE SITE (COLLECTIVELY REFERRED TO AS "EVENTS"). SEATPICK IS NOT AND SHALL NOT BE RESPONSIBLE FOR THE PRICE OR PAYMENT OR QUALITY OR PROVISION OF THE FOREGOING OR THE CONDUCT OR BEHAVIOR OF ANY PERSON OR ENTITY, INCLUDING ANY TICKET PROVIDER, ON OR OFF THE SITE AND/OR SERVICES. SEATPICK IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED IN THE CONTEXT OF THE PROVISION AND/OR EXECUTION OF EVENTS. SEATPICK IS NOT A PARTY TO ANY TRANSACTION UNDER WHICH YOU PURCHASE TICKETS. SEATPICK MAY RECEIVE A COMMISSION FROM THE TICKET PROVIDER ON ACCOUNT OF TICKETS YOU PURCHASED FROM SUCH TICKET PROVIDER.
- 3. Registration
- You can use certain of our Services without an account. To use additional features or Services, you will need to create an account. For receiving notifications regarding Ticket’s availability or price reductions, you will need to provide us with your email address. You can also register by logging in through your Facebook, Google, Apple or other third-party account. You may only do so if that the third-party account is yours and you have the right to use that account with our Services. Subject to applicable law, we may refuse to open an account for any individual at our sole discretion. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, Seatpick will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
- 4. Use Restrictions
- 4.1 You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services, including framing or mirroring the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent or interfere with security-related features of the Services or features that restrict unauthorized use of or access to any Content (as defined below); (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or circumvent the navigational structure of the Services in any other way; (5) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; (6) use another's account without permission; and (7) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law.
- 4.2 You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
- 5. Representations
- 5.1 Our Representations. We represent that Seatpick is organized under applicable law, has the ability to enter into and perform its obligations under these Terms, and doing so does not conflict with any of our commitments to any third party nor with any applicable legal obligation. We will use commercially reasonable efforts to provide our Services faithfully, diligently, and in accordance with the standard practices in our industry.
- 5.2 Your Representations. By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party; (c) all the information you submit is and will remain truthful and accurate; (d) you have all necessary rights, consents, and licenses needed to provide any User Content (defined below) that you provide; (e) and the User Content is compliant with applicable law and does not infringe on the intellectual property, privacy, publicity, moral, or any other rights of any third party; and (f) our use of your User Content as allowed under these Terms will not cause us to infringe on the rights of any third party. You also undertake that you will use the Services in compliance with applicable law at all times, including all applicable export laws to ensure that neither the Services nor any related materials are unlawfully exported.
- 6. Privacy
- If you provide us with any Personal Data, you represent that: (i) you have provided all necessary notices and have, and will maintain all necessary rights and legal bases required under applicable law to provide Seatpick with the Personal Data of such individuals in order to allow Seatpick to process and share such data in order to provide the Services and for Seatpick's internal business purposes, including the improvement of our Services, all as detailed in Seatpick's Privacy Notice, and (ii) you will maintain a record of such legal bases, as required under applicable law; and (iii) you will not provide Seatpick with any sensitive or other categories of data that are subject to additional protections under law, such as data regarding children, finance, and health.
- 7. Intellectual Property
- 7.1 Our Property. We retain all worldwide intellectual property rights, title, and interest in our Site, our Services, including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases we have gotten the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owner/s. Even though we're allowing you to use our Services, that doesn't mean that we're transferring ownership or any other rights to you or that we're allowing you to use our name, any trademarks, logos, or similar property as your own.
- 7.2 Your Property. When you provide User Content through the Services, that content remains yours. By providing User Content, you do allow us to use it in connection with the Services, including copying, modifying, and preparing derivative works of it where necessary in order to provide the Services, as well as for analytics purposes and for improvement of the Services. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.
- 8. Content and User Content
- 8.1 Definitions. We may provide certain materials, such as images, articles, posts, videos, and reports, including information about Tickets and Ticket Providers, through the Services and may also allow you and other users to provide certain types of material, such as reports, comments and feedback. "User Content" means materials you provide and "Content" means any content available through the Services, including User Content that may be provided by other users. Your messages through the chat feature are also considered User Content.
- 8.2 User Content Restrictions. You are fully and solely responsible for any User Content that you provide. You may not provide any User Content or act in any way that: (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) in breach of any applicable laws, rules, or regulations; (v) contains material we reasonably determine to be offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component.
- 9. Indemnification
- You agree to indemnify, defend, and hold harmless Seatpick, its affiliates, and its/their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation, including breach of applicable data protection laws; and (d) infringement of any right of any third party.
- 10. Disclaimers
- 10.1 OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE SITE, SERVICES, EVENTS, TICKETS, TICKET PROVIDER, OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR OR CUSTOMER'S, AS APPLICABLE, SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
- 10.2 We cannot control the functionality of services provided by third parties, including Ticket Providers, and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the Internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
- 10.3 User Content. User Content comes from sources outside of our control, we take no responsibility for the accuracy, usefulness, safety, appropriateness, or non-infringement of any User Content; your use of any User Content is at your own risk. We do not endorse any opinions or recommendations expressed in any User Content. We have no obligation to display or maintain any User Content and may remove it without notice to you and for any reason.
- 10.4 Third-Party Content. Our Site may provide you with links to third-party sites, including Ticket Providers. We make no promises regarding and are not liable for the Events, Tickets, content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about and are not liable for another party's data protection policies. When you click on any of these links, you do so at your own risk. We urge you to exercise caution when using third-party services.
- 10.5 In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
- 11. Limitation of Liability
- 11.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEATPICK (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS THAT IS NOT A DIRECT RESULT OF YOUR USE OF THE SERVICES. THIS INCLUDES ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SEATPICK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 11.2 OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT OF USD $50.
- 12. Term and Account Termination
- 12.1 Term. These Terms will take effect when you accept them or first use the Services, as applicable, and shall continue in full force and effect until they are terminated in one of the ways described below.
- 12.2 How to Terminate Your Account. You may request to terminate your account (and, by association, these Terms) at any time by sending an email to hi@seatpick.com. We will process your request promptly after receiving your notice.
- 12.3 Termination by Seatpick. We reserve the right to suspend or terminate your account (and, by association, these Terms) at any time and for any reason by providing three days' prior notice. We also have the right to suspend or terminate your account (and, by association, these Terms) immediately if: (i) you violate the letter or spirit of these Terms; or (ii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests. If your account is terminated, you may not rejoin by opening a new account without our permission.
- 12.4 Even if your account is terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
- 13. Force Majeure
- Neither party will be liable for any default or delay in its performance of its obligations under this Agreement to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
- 14. Notices
- To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
- 15. General
- These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.